Common use of Availability of Injunctive Relief Clause in Contracts

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 27 contracts

Sources: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 21 contracts

Sources: Employment Agreement (Iridex Corp), Employment Agreement (Accelrys, Inc.), Employment Agreement (Accelrys, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 13 contracts

Sources: Change of Control and Severance Agreement (Netgear, Inc), Change of Control and Severance Agreement (Netgear, Inc), Change of Control and Severance Agreement (Netgear, Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 12 contracts

Sources: Employment Agreement (Natus Medical Inc), Employment Agreement (Natus Medical Inc), Employment Agreement (Natus Medical Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 11 contracts

Sources: Severance Agreement (Palmsource Inc), Severance Agreement (Palmsource Inc), Severance Agreement (Palmsource Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 10 contracts

Sources: Executive Retention Agreement (Komag Inc /De/), Employment Agreement (Netgear, Inc), Employment Agreement (Netgear Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation nonsolicitation, noninducement or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 8 contracts

Sources: Employment Agreement (Taleo Corp), Employment Agreement (Taleo Corp), Employment Agreement (Taleo Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement PIIA or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non-solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 8 contracts

Sources: Employment Agreement (NanoString Technologies Inc), Employment Agreement (NanoString Technologies Inc), Employment Agreement (NanoString Technologies Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, the Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 8 contracts

Sources: Employment Agreement, Change in Control Severance Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 7 contracts

Sources: Severance Agreement, Severance Agreement (Polycom Inc), Severance Agreement (Polycom Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 7 contracts

Sources: Employment Agreement (Neomagic Corp), Employment Agreement (Neomagic Corp), Employment Agreement (Neomagic Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 7 contracts

Sources: Employment Agreement (Callwave Inc), Employment Agreement (Callwave Inc), Employment Agreement (Callwave Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 6 contracts

Sources: Employment Agreement (Nanometrics Inc), Executive Severance Agreement (Nanometrics Inc), Employment Agreement (Nanometrics Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 6 contracts

Sources: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 6 contracts

Sources: Employment Agreement (Tibco Software Inc), Employment Agreement (Tibco Software Inc), Employment Agreement (Autodesk Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non-solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 5 contracts

Sources: Executive Employment Agreement (Sarepta Therapeutics, Inc.), Executive Employment Agreement (Sarepta Therapeutics, Inc.), Executive Employment Agreement (Sarepta Therapeutics, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Consultant agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of Sections 2, 3 or 4 of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation information or Labor Code §2870non-solicitation. In the event either party the Company or Consultant seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 4 contracts

Sources: Consulting Agreement (Liquid Holdings Group, Inc.), Consulting Agreement (Liquid Holdings Group, Inc.), Consulting Agreement (Liquid Holdings Group, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this the Employment, Confidential Information, Invention Assignment Agreement or between me and the Confidentiality Agreement Company or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 4 contracts

Sources: Employment Agreement (Bloom Energy Corp), Employment Agreement (Bloom Energy Corp), Employment Agreement (Bloom Energy Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation Nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 4 contracts

Sources: Employment Agreement (Autodesk Inc), Employment Agreement (Autodesk Inc), Employment Agreement (Autodesk Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870nonsolicitation. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 4 contracts

Sources: Employment Agreement (Rimini Street, Inc.), Employment Agreement (GP Investments Acquisition Corp.), Employment Agreement (GP Investments Acquisition Corp.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 3 contracts

Sources: Employment Agreement (Solectron Corp), Employment Agreement (Solectron Corp), Employment Agreement (Solectron Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 3 contracts

Sources: Employment Agreement (Carbylan Therapeutics, Inc.), Employment Agreement (Carbylan Therapeutics, Inc.), Employment Agreement (Ulthera Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §(S) 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 2 contracts

Sources: Separation Agreement (Quantum Corp /De/), Employment Agreement (Quantum Corp /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §§ 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 2 contracts

Sources: Separation Agreement (Quantum Corp /De/), Employment Agreement (Quantum Corp /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870nonsolicitation. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 2 contracts

Sources: Severance Agreement (McData Corp), Executive Severance Agreement (McData Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Neomagic Corp), Asset Purchase Agreement (Neomagic Corp)

Availability of Injunctive Relief. In addition to the right under --------------------------------- the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Emachines Inc /De/), Employment Agreement (Emachines Inc /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the a court for provisional relief, the Executive agrees that any party may also petition the a court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesRCW Section 49.44.

Appears in 2 contracts

Sources: Employment Agreement (Cellcyte Genetics Corp), Employment Agreement (Cellcyte Genetics Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Consultant agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of Sections 2 (Confidentiality), 3 (Ownership), 4 (Conflicting Obligations) or 9 (Nonsolicitation) of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870the assignment of intellectual property by Consultant pursuant to this Agreement. In the event either party the Company or Consultant seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 2 contracts

Sources: Separation Agreement (Life360, Inc.), Separation Agreement (Life360, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Nanometrics Inc), Employment Agreement (Nanometrics Inc)

Availability of Injunctive Relief. In addition to the any right under the Rules to petition the a court for provisional relief, Executive agrees that any party may also petition the a court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870invention assignment. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 2 contracts

Sources: Employment Agreement (Fei Co), Employment Agreement (Veeco Instruments Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 2 contracts

Sources: Employment Agreement (Xenoport Inc), Employment Agreement (Xenoport Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or California Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Gadzoox Networks Inc), Employment Agreement (Gadzoox Networks Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement invention assignment agreement between the Executive and the Company or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Informatica Corp), Employment Agreement (Taleo Corp)

Availability of Injunctive Relief. In addition to the right under the Rules Act to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Executive Employment Agreement (Invitae Corp), Executive Employment Agreement (Invitae Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Corautus Genetics Inc), Employment Agreement (Corautus Genetics Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive the Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees, subject to Section 6.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (Celeritek Inc/Ca), Change of Control Severance Agreement (Celeritek Inc/Ca)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, the Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees, subject to Section 6 hereof.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (Critical Path Inc), Change of Control Severance Agreement (Critical Path Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 2 contracts

Sources: Employment Agreement (Occam Networks Inc/De), Employment Agreement (Occam Networks Inc/De)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees the parties agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Merger Agreement (Artisan Components Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement PIIA or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non­ solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (NanoString Technologies Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non solicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Solectron Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, . Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (Cornerstone OnDemand Inc)

Availability of Injunctive Relief. In addition to the right under the CCP Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Solectron Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §sec. 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Netgear Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees, to the extent permitted under law.

Appears in 1 contract

Sources: Employment Agreement (Excelligence Learning Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this the Employment, Confidential Information, Invention Assignment Agreement or between you and the Confidentiality Agreement Company or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Neoforma Com Inc)

Availability of Injunctive Relief. In addition to the right --------------------------------- under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement between or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Emachines Inc /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (Natus Medical Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, the Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §Section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees, subject to Section 6 hereof.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Critical Path Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870[Section]2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Catalyst Semiconductor Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorney’s fees.

Appears in 1 contract

Sources: Severance Agreement (Palm Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Employee Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non-solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Executive Employment Agreement (ESSA Pharma Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules and the Federal Arbitration Act to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information and Protective Covenants Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Illinois Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesChapter 820.

Appears in 1 contract

Sources: Employment Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees the parties agree that any party may also petition the court for injunctive relief in aid of arbitration where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement between the Executive, on the one hand, and the Company, on the other hand, regarding trade secrets, secrets or confidential information. The Executive understands that any breach or threatened breach of such an agreement will cause irreparable injury and that money damages will not provide an adequate remedy therefore, nonsolicitation or Labor Code §2870. In and both parties hereby consent to the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesissuance of an injunction.

Appears in 1 contract

Sources: Employment Agreement (Lucky Strike Entertainment Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.--

Appears in 1 contract

Sources: Employment Agreement (Taleo Corp)

Availability of Injunctive Relief. In addition to the right under the Rules rules to petition the court for provisional relief, Executive Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement any agreement or the Confidentiality Agreement or any other agreement obligation regarding trade secrets, confidential information, nonsolicitation or nonsolicitation, Labor Code §Section 2870, or invention assignment. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Learningstar Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §section 2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Netgear Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Integrated Telecom Express Inc/ Ca)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the a court for provisional relief, Executive the CEO agrees that any party may also petition the a court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Confidential Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesRCW Section 49.44.

Appears in 1 contract

Sources: Ceo Award Agreement (Cellcyte Genetics Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non­solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (NanoString Technologies Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Ikanos Communications)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, ; Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Executive Employment Agreement (NeurogesX Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation information or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesnonsolicitation.

Appears in 1 contract

Sources: Employment Agreement (Taleo Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or Agreement, the Confidentiality Confidential Information Agreement, the Protective Covenant Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs costs, expenses and attorneys feesattorneys' fees incurred in such action.

Appears in 1 contract

Sources: Employment Agreement (Accelrys, Inc.)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, the Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870nonsolicitation. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Government Properties Trust Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement PIIA or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non-solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, relief the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (NanoString Technologies Inc)

Availability of Injunctive Relief. In addition to --------------------------------- the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Emachines Inc /De/)

Availability of Injunctive Relief. In addition to the right --------------------------------- under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Emachines Inc /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive the undersigned employee agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation information or Labor Code §2870non-solicitation. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employee Confidential Information and Invention Assignment Agreement (Loyalty Alliance Enterprise Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Hemosense Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (Natus Medical Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Integrated Telecom Express Inc/ Ca)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive M▇. ▇▇▇▇ agrees that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement agreement or the Confidentiality Agreement agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation information or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys feesnonsolicitation.

Appears in 1 contract

Sources: Cessation of Employment and Board Compensation Agreement (Taleo Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Proprietary Information Agreement or any other agreement between the Company and Executive regarding trade secrets, confidential information, nonsolicitation non-solicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Kyphon Inc)

Availability of Injunctive Relief. In addition to the right under --------------------------------- the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Integrated Telecom Express Inc/ Ca)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870Agreement. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (Ulthera Inc)

Availability of Injunctive Relief. In addition to the right under --------------------------------- the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Proprietary Information Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Kyphon Inc)

Availability of Injunctive Relief. In addition to the --------------------------------- right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870(S)2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Emachines Inc /De/)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees you agree that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement between you and the Company or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870ss.2870. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Resonate Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement PHA or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition, non-solicitation or Labor Code §2870non-disparagement. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Employment Agreement (NanoString Technologies Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees the parties agree that any party also may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

Appears in 1 contract

Sources: Employment Agreement (Tibco Software Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Consultant agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of Sections 2, 3 or 4 of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party the Company or Consultant seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Consulting Agreement (Roblox Corp)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive Consultant agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of Section 2 (Confidentiality) or Section 3 (Conflicting Obligations) of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870Consulting Agreement. In the event either party Molex or Consultant seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys attorneys’ fees.

Appears in 1 contract

Sources: Consulting Agreement (Molex Inc)

Availability of Injunctive Relief. In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation non-competition or Labor Code §2870nonsolicitation. In the event either party seeks injunctive relief, the prevailing party will shall be entitled to recover reasonable costs and attorneys attorneys' fees.

Appears in 1 contract

Sources: Employment Agreement (Trubion Pharmaceuticals, Inc)